The Allahabad High Court dismissed an appeal filed under Section 14-A(1) of the SC/ST (Prevention of Atrocities) Act against the rejection of an application under Section 156(3) Cr.P.C., upholding the trial court's finding of fabrication.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2024:AHC-LKO:60496
Court No. - 11
Case :- CRIMINAL APPEAL No. - 2706 of 2024
Appellant :- Madhuri Respondent :- State Of U.P. Thru. Prin. Secy. Home And Ors. Counsel for Appellant :- Devendra Pratap,Shashank Shekhar Singh Counsel for Respondent :- G.A.
Hon'ble Abdul Moin,J.
Heard learned counsel for the appellant and learned AGA appearing on behalf of the State-respondents.
Instant criminal appeal under Section 14-A (1) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been filed against the order dated 08.08.2024 passed by the learned Special Judge (POCSO Act) Hardoi in Case No. 78 of 2020 Inre; Madhuri Vs. State of U.P and Ors whereby the application filed by the appellant under Section 156 (3) Cr.P.C has been rejected.
As per the complaint filed before the learned trial Court, the appellant had contended that on the fateful date, her daughter was taken away by the private respondents herein and that the private respondents had also torn her clothes and that she is a minor.
The learned trial Court after considering the statements of prosecution witness-1 who deposed that upon seeing the private respondents with the daughter of the appellant he had inquired from her as to where she was going to which she stated that the private respondents herein are taking her by force. There was contradiction found in the statement of the prosecution witness-1 and prosecution witness no. 2. The learned trial Court has also observed that the appellant has miserably failed to prove the age of the victim inasmuch as the principal of the school, certificate of which has been filed by the appellant specifically stated that the daughter of the appellant is not a student of the said institution. Thus, it is apparent that the learned trial Court has itself found the complaint to be totally baseless, false & fabricated and consequently, has rejected the said complaint.
Learned counsel for the appellant has failed to point out any infirmity or illegality in the same.
Considering the aforesaid, no case for interference is made out. Accordingly, the appeal is rejected.
Order Date :- 2.9.2024 Pachhere/-
Digitally signed by :- SATYENDRA SINGH PACHHERE High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the learned Special Judge's order rejecting the application under Section 156(3) Cr.P.C. under the SC/ST (Prevention of Atrocities) Act should be interfered with.
2 provisions across 2 enactments
Madhuri
State Of U.P. Thru. Prin. Secy. Home And Ors.
Abdul Moin
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
